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The Court holds that officers may enter sooner when waiting would risk destruction of evidence and rejects a fixed waiting-time rule, requiring case-by-case analysis under the Fourth Amendment. The ruling reverses a contrary Ninth Circuit view and explains why the defendant’s counterarguments depend on a mistaken assessment of the relevant inquiry and relevant time.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/justices-allow-police-with-warrant-leeway-in-knock-and-enter-search/426769/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/justices-allow-police-with-warrant-leeway-in-knock-and-enter-search/426769.png","ImageObject",300,407,{"name":92,"@type":93},"นรินทร์","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-08","2026-09-29",true,{"@type":102,"interactionType":103,"userInteractionCount":81},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What principle did the Supreme Court set for knock-and-enter searches with a warrant?","Question",{"text":112,"@type":113},"It held that officers’ ability to enter turns on the reasonableness of the waiting time measured by the facts known to the police, rather than a fixed universal number of seconds.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Why did the Court consider the approximately 20-second wait reasonable?",{"text":117,"@type":113},"Because the crucial point was the time in which the suspect could destroy perishable evidence, and the Court deemed it reasonable to suspect destruction within that window.",{"name":119,"@type":110,"acceptedAnswer":120},"How did the ruling affect the Ninth Circuit’s approach?",{"text":121,"@type":113},"It reversed the Ninth Circuit’s conclusion that police waited too little, rejecting reliance on the defendant’s claimed circumstances and instead focusing on the relevant inquiry about evidence-destruction risk.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},426769,1791300943,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":81,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":34,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":144},2336475104957,"https://ap-avatar.wpscdn.com/avatar/22000c4c6bd8a5076e1?x-image-process=image/resize,m_fixed,w_180,h_180&k=1787554080175789136","December 12,2003Vol.37,No.49  \nIN THIS ISSUE  \n1st Circuit Says ConductIs Key In Conspiracy………27th Circuit Backs Police AgencyThat Follows Rules ForTerminating Officer…………2  \nNATIONAL  \nU.S.Tells Court Arkansas HasMet Minority Goals For HiringState Troopers………    …2Massachusetts Says U.S.OpensProbe Of Byrne Grants……2Minnesota Expands Pre-ReleaseReviews Of Sex Offenders...3Maine Panel RecommendsEnding Sentences For Theft.3Connecticut Trains ProsecutorsTo Meet New Standards……3Colorado Crackdown On GunCrimes Triples Convictions..4Meth Increases Female CrimeRate In Colorado……………4U.S.Boosts Funding ForMeth Investigation.…  …4  \nACROSS THE STATES  \nAlabama………………  ……5Georgia……………………….5Kansas.……………………………5Massachusetts……………….5Ohio………………………………….5Texas……………………………5Virginia ………………………5  \nCrime Control  \nThe Supreme Court granted po-lice with a warrant great leeway indetermining when to begin a knock-and-enter search.  \nWhen evidence is perishable,thepolice after a knock need to wait nomandatory length of time before en-tering the suspect's curtilage,the highcourt said.  \n\"The standards bearing onwhether officers can legitimately en-ter after knocking are the same asthose for requiring or dispensing withknock and announce altogether,\"thejustices said in a 9-0 decision.  \nThe decision reverses the 9thU.S.Circuit which held that NorthLas Vegas,Nev.,police failed to wait20 seconds after a knock before enter-ing the apartment of Lashawn LowellBanks and that Banks couldn't an-swer sooner because he was in theshower.  \n\"After 15 to 20 seconds without aresponse,officers could fairly havesuspected that Banks would flushaway the cocaine if they remainedreticent,\"the justices said.  \n“Each of Banks's counterargu-ments—that he was in the shower anddid not hear the officers,and that itmight have taken him longer than 20seconds to reach the door—rests on amistake about the relevant enquiry.”  \n# Justices Allow Police With WarrantLeeway In Knock-And-Enter Search\n\nThe court continued that\"thefacts known to the police are whatcount in judging a reasonable waitingtime,and there is no indication thatthey knew that Banks was in theshower and thus unaware of an im-pending search.  \n\"As to the second,the crucial factis not the time it would take Banks toreach the door but the time it wouldtake him to destroy the cocaine.It isnot unreasonable to think that some-one could get in a position to destroythe drugs within 15 to 20 seconds.”  \nThe Supreme Court weighed 4thAmendment protections againstunlawful searches and determined theapproximately 20 seconds policewaited was \"reasonable.\"  \nIn reviewing the Banks case,theSupreme Court declined to establish auniform amount of time for law en-forcement searches,saying each“knock-and-announce”entry shouldbe reviewed on a case-by-case basis.  \nThe justices also rejected the 9thCircuit's four-point test for police tofollow before a forced entry.  \n\"We have treated reasonablenessas a function of the facts of cases sovarious that no template is likely toproduce sounder results than examin-ing the totality of circumstances in a given case;it is too hard to invent  \nPage 2  \ncategories without giving short shriftto details that turn out to be importantin a given instance,and without in-flating marginal ones,\"Justice DavidSouter wrote.  \nInf.:U.S.v.Banks,02-473,Sup.Ct.,Dec.2.  \nIst Circuit  \n## ‘RELEVANT CONDUCT'ISKEY IN CONSPIRACY\n\nThe 1st circuit court identifiesone of several defendants as the \"or-ganizer or leader”of a drug conspir-acy by finding his \"relevant conduct.\"  \nThe record in this case shows thatdefendant Victor Laboy was a high-level gang member who fully partici-pated in the Latin Gangsta'Disciples(LGD)drug activity.  \nThrough his leadership,Laboyhelped to keep other dealers out ofLGD turf,ensuring that only he andhis fellow LGD members would beable to deal heroin in the area.He hadother LGD members sell drugs on hisbehalf.  \nIn determining whether defendantLaboy was an organizer or leader,the1st circuit consider","cbCaiudRiiVAYirs","https://ap.wps.com/l/cbCaiudRiiVAYirs","pdf",1990074,"English","# Justices Allow Police With Warrant Leeway In Knock-And-Enter Search\n## ‘RELEVANT CONDUCT' IS KEY IN CONSPIRACY\n## AGENCY ABIDING BY RULE CAN TERMINATE OFFICER","[{\"question\":\"What principle did the Supreme Court set for knock-and-enter searches with a warrant?\",\"answer\":\"It held that officers’ ability to enter turns on the reasonableness of the waiting time measured by the facts known to the police, rather than a fixed universal number of seconds.\"},{\"question\":\"Why did the Court consider the approximately 20-second wait reasonable?\",\"answer\":\"Because the crucial point was the time in which the suspect could destroy perishable evidence, and the Court deemed it reasonable to suspect destruction within that window.\"},{\"question\":\"How did the ruling affect the Ninth Circuit’s approach?\",\"answer\":\"It reversed the Ninth Circuit’s conclusion that police waited too little, rejecting reliance on the defendant’s claimed circumstances and instead focusing on the relevant inquiry about evidence-destruction risk.\"}]","Justices Allow Police With Warrant Leeway In Knock-And-Enter Search | PDF",1790641734,18]